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LEIFER v. PILGREEN CORPORATION

62 A.D.3d 759 (2009)

878 N.Y.S.2d 451

ZALMAN LEIFER et al., Appellants, v. PILGREEN CORPORATION, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 12, 2009.

Ordered that the order is reversed, on the law, on the facts, and in the exercise of discretion, with costs, the plaintiffs' motion is granted, the defendant's cross motion is denied, and the matter is remitted to the Supreme Court, Kings County, for an inquest on the issue of damages.

It is uncontested that the defendant failed to timely serve its answer. The stipulation extending its time to do so expired in October 2006...

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